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CONDITIONS OF USE
COPYRIGHT AND OWNERSHIP
This web site including all of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively “Content”), is owned by capoWEBdesign, its licensors and/or its content providers. All elements of capoWEBdesign’ web sites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
RESTRICTIONS ON USE OF CONTENT
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Content or any part thereof, except as explicitly permitted under this web site. You will not remove any copyright, trademark or other proprietary notices from the Content.
In the event you download software from this web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are licensed to you by capoWEBdesign. capoWEBdesign retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
CORPORATE IDENTIFICATION, SITE CONTENT & TRADEMARKS
All trademarks, service marks and trade names of capoWEBdesign used herein (including but not limited to: the capoWEBdesign name, the capoWEBdesign corporate logo) are trademarks or registered trademarks of capoWEBdesign or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify capoWEBdesign trademarks in any way, except as explicitly permitted under this web site. The use of capoWEBdesign trademarks on any other web site or network computer environment is only allowed if it is explicitly permitted under this web site.
Your use of and browsing of this web site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. capoWEBdesign MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. CAPOWEBDESIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. capoWEBdesign DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT capoWEBdesign) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. BY PROVIDING LINKS OR REFERENCES TO THIRD PARTY WEBSITES, capoWEBdesign DOES NOT APPROVE SUCH WEBSITE’S CONTENT. CAPOWEBDESIGN DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE CONTENT OF SUCH WEBSITES NOR AND LIABILITY FOR DAMAGES RESULTING FROM THE USE OF SUCH CONTENT.
You agree to defend, indemnify and hold capoWEBdesign and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the web site or the Internet or the placement or transmission of any message or information on this web site by you or your authorized users. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless capoWEBdesign for any liability or expense arising from such use or misuse. You agree to immediately notify capoWEBdesign of any unauthorized use of your account or any other breach of security known to you.
LIMITATION OF LIABILITY
capoWEBdesign shall not be liable for any claims, irrespective of their legal grounds, which arise particularly in connection with the delay or impossibility of performance, infringement of information duties or collateral duties or preliminary agreements, positive violation of contractual duties, infringement of industrial property rights of third parties or tort, unless capoWEBdesign has committed such infringements willfully or by gross negligence or if capoWEBdesign has infringed essential contractual obligations by slight negligence or if such claims for damages result from the lack of an expressly warranted characteristic. In all cases where capoWEBdesign is liable based on above reasons, any claims shall be limited to the foreseeable damage. Any compensation for consequential damages such as loss of profits shall be excluded in any case. Such limitation of damages shall not be applicable if the event causing the damage was caused by a legal representative or executive officer of capoWEBdesign by gross negligence or intent. Any possible liability in accordance with the product liability acts shall remain unaffected. Liability in respect of death of, or personal injury caused to any person shall remain unaffected.
These Conditions of Use including disclaimers are governed by the laws of Germany without regard to their conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. By using this web site, you hereby consent to the exclusive jurisdiction and venue of courts in Nürnberg, Germany in all disputes arising out of or relating to the use of this web site. If any portion of these Conditions of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. capoWEBdesign’ failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Additional terms and conditions may apply to the purchase of products and other uses of this web site.
All text, images, animation, videos, music, sounds, web site design, graphics, text selections, arrangements, and all software are Copyright © 2020, capoWEBdesign Inc. capoWEBdesign is a registered trademark of capoWEBdesign. ALL RIGHTS RESERVED.